Advanced Search

Law No. 203 Of 16 July 2015 Concerning Defence Planning

Original Language Title: LEGE nr. 203 din 16 iulie 2015 privind planificarea apărării

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 203 203 of 16 July 2015 on defence planning
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 555 555 of 27 July 2015



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) Defence planning, attribute and essential component of defence policy, is a complex of activities and measures aimed at protecting and promoting national interests, defining and meeting the national security objectives of the Romania in the defense field. (2) Defence planning is the process that underpins the transformation and modernisation in the field of defence and includes the totality of the programmes, actions and measures initiated by Romania to identify, develop and prepare the capabilities military and non-military necessary to carry out defence missions and objectives for: a) fulfilling the obligations deriving from the Romanian Constitution, republished, and from the law; b) fulfilling the obligations of Romania in ensuring collective security and defence within NATO; c) ensuring Romania's participation in the Common Security and Defence Policy of the European Union; d) compliance with commitments in the context of international cooperation in the field of defense with other states and fulfillment of obligations assumed by participating in the activity of other international organizations or in other situations governed by international, under the law. (3) In order to fulfill the missions, objectives and commitments made, Romania develops and maintains a unique set of capabilities, managed through an integrated defense planning mechanism. (4) The coordination of the defence planning process is a basic element of the civil democratic control process in the field of defence. + Article 2 (1) The planning of defence is achieved through the coherent integration of the following areas: a) planning forces; b) armaments planning; c) C 3-order, control, communications; d) logistics; e) civil emergencies; f) resources; g) air defence; h) air traffic management; i) information; j) medical; k) research and development; l) standardisation. (2) The planning for civil emergencies is regulated in accordance with the provisions of the special law. (3) The obligations of Romania within NATO and the EU can also involve contributions with non-military capabilities, which can exceed the responsibilities of the Army. The constitution of nonmilitary capabilities can also return to other ministries and government agencies, according to the law, under the coordination of the Supreme Council of National Defense, hereinafter referred to as the CSAT, with the Ministry of National Defence providing specialty. + Chapter II Defence planning + Article 3 ((1) The national and departmental defence planning documents shall take into account the obligations, requirements and recommendations resulting from: a) the NATO defence planning process; b) NATO's strategic concept; c) The political directive of NATO; d) the Security Strategy of the European Union; e) other NATO and EU defence planning documents; f) strategic scenarios and operations planning documents. (2) The main documents substantiating the national defence planning are: a) National Defence Strategy of the country; b) The governing programme. (3) The defence planning documents, at the departmental level, are: a) the White Charter of Defence; b) Military strategy; c) the Defence Planning Directive; d) major programmes; e) annual plans. ((4) The planning of the defense is based on the decisions of the President of Romania and the Romanian Government, with the opinion of the CSAT, according to the law, and with the approval of the Parliament, as the case may be, as well public institutions that, according to the law, have defense responsibilities. + Section 1 National defence planning + Article 4 (1) The country's national defense strategy is the basic document that substantiates national defense planning. The President of Romania, no later than 6 months after the date of the swearing-in, presents in Parliament the National Defense Strategy of the country that is debated and approved, by decision, in the joint meeting of the two Chambers. (2) If, during the period of validity of the national defence strategy of the country, changes of the security environment intervene, the President of Romania may initiate the process of amending it and presenting it in Parliament, in order to adoption as a matter of urgency. (3) The national defence strategy of the country shall include: a) national security values, interests and objectives; b) assessment of the international security environment; c) potential risks, threats and vulnerabilities identified; d) strategic objectives and priorities in the field of defence; e) the action directions and the main ways to ensure Romania's national security in the field of defence. (4) The national defense strategy of the country has as its coverage horizon the duration of a presidential mandate, also containing provisions in the medium and long term. + Article 5 Objectives, priorities and directions of action in the field of defence are set in the Programme of Government. + Section 2 Defence planning at departmental level + Article 6 (1) The White Charter of Defence shall be drawn up by the Ministry of National Defence for the fulfilment of the provisions of the country's national defence strategy and the implementation of defence objectives established by the Programme of Government Compliance with the NATO Strategic Concept. (. The White Charter of Defence shall determine: a) the objectives of the defence policy-sectoral policy in the field of national defence; b) the measures and actions envisaged to achieve the objectives of the defence policy; c) specific missions and requirements for the Romanian Army; d) the main directions for the development of capabilities; e) policies on integrated management of defence resources; f) financial resources to be secured during the term of office of the Government, in the form of a strategic spending plan. (3) The White Charter of Defence shall be submitted for approval to the Parliament, no later than 6 months after the Government has been granted confidence, after being appropriated by the Government and endorsed by the CSAT. (4) The White Charter of Defence is the foundation of the summary document on policy, sectoral strategies and priorities set out in the formulation of the budget proposals of the Ministry of National Defence (5) The White Charter of Defence has a coverage horizon of 4 years, also containing medium and long-term provisions. (6) The White Charter of Defence may be revised upon the occurrence or modification of the country's national defence strategy or if circumstances so require. + Article 7 (1) The military strategy is developed by the Ministry of National Defence on the basis of the country's National Defense Strategy, the White Charter of Defence and relevant documents at NATO and EU level. (. The military strategy shall include: a) potential identified military risks and threats; b) national military objectives; c) the defence capabilities and the priorities of their implementation; d) detailing the army's forces structure and directions for the configuration, dimensioning, preparation and endowment of the Romanian Army; e) the operational concepts established to meet these objectives and the missions of the army. (3) After being endorsed by the CSAT, the Military Strategy shall be submitted for approval to the Government, no later than 3 months after the approval of the White Charter of Defence. (4) The military strategy has a coverage horizon of 4 years, also containing medium and long-term provisions. (5) The military strategy may be revised, in the case of changes to the documents on the basis of which it was drawn up, if the + Article 8 (1) The Defence Planning Directive shall be drawn up by the Ministry of National Defence on the basis of the provisions of the White Charter of Defence, the Military Strategy and relevant documents at NATO and EU level, no later than 5 days after receipt of the The framework letter on the macroeconomic context on the basis of which the draft budget projects are prepared for the next year and the estimates for the next 3 years, as well as the spending limits approved by the Government (2) The Defence Planning Directive contains: a) general objectives and priorities of the Ministry of National Defence b) specific objectives and directions for areas of defence planning; c) the names of major programmes and their directors d) specific objectives and capabilities for each major programme; e) budgetary projection for each major programme. (3) The defence planning directive is approved by order of the Minister of National Defence, after its adoption by the decision of the Defence Planning Council, the deliberative body empowered to decide the objectives and actions of importance major to be carried out to carry out the tasks of the Ministry of National Defence, as well as the volume, structure and allocation of resources necessary for their fulfilment. (4) The Defense Planning Board is organized and operates according to the provisions of Law no. 346/2006 on the organization and functioning of the Ministry of Defense, with subsequent amendments and (5) The defence planning directive is drawn up annually for a 10-year time horizon. + Article 9 (1) Major programmes shall be drawn up within the Ministry of National Defence, on the basis of the Defence Planning Directive. (. Major programmes shall include: a) the totality of actions and concrete measures carried out for the modernization, endowment, training at peace, execution of the combat and intervention service, preparation for participation in missions outside the national territory, as well as for crisis and war situations; b) concrete actions and measures carried out to ensure optimal living conditions for personnel, provision of logistical support and reserves for mobilization and war, creation and maintenance of infrastructure for military actions in the framework of NATO's collective defence, participation in international cooperation with other states; c) the resources allocated annually for the implementation of the actions and measures provided in a) and b). (3) Major programmes shall include, where appropriate, the funds necessary to cover financial obligations vis-à-vis international defence organisations and initiatives, within the framework of their cooperation programmes. (4) The elaboration and execution of major programs shall be the responsibility of the major program directors, according to the regulations approved by the order of the Minister (5) The coordination and monitoring of major programs shall be the responsibility of the central defence planning structure of the Ministry of National Defence, according to the law In order to implement the integrated defence planning mechanism, the central defence planning structure will co-opt functionally, in relation to the specific activities, representatives of the defence planning fields provided for in art. 2 2 para. ((1). (6) The director of the major program is the head/commander of a structure, as a secondary authorising officer, who is responsible for the establishment, development and maintenance of capabilities. In this regard, the Defence Planning Directive shall be allocated the necessary resources and set out the specific objectives to be achieved. (7) The notion of a major programme has, within the Ministry of National Defence, the meaning of the programme, as defined in Law no. 500/2002 on public finances, with subsequent amendments and completions, as well as the meaning of the budget programme. (8) Major programmes are drawn up annually for a 10-year time horizon. + Article 10 (1) The annual plans shall be drawn up by the major program directors on the basis of the major programs, the funds allocated by the state budget for the respective year and the budget execution of the previous year, including the stage of fulfilment approved programme indicators. (. In the event of budgetary corrections, the measures and actions envisaged shall be updated by updating the programme indicators. + Article 11 (1) The planning of the defence shall ensure that the operations are carried out in order to fulfil the defence missions and objectives. (2) The main documents elaborated in the operations planning process are strategic scenarios, permanent defense plans and contingency plans. (3) The documents provided in par. (2) shall be elaborated on the basis of the Military Strategy, according to the specific regulations at the level (4) The permanent defense plans shall be approved by the CSAT and the other documents provided in par. (2) is approved according to specific regulations at the level of the Ministry of National + Article 12 For the development and implementation of permanent defense plans and contingency plans, the Ministry of National Defence can conclude cooperation protocols with other ministries and government institutions, under the law. + Article 13 (1) The ability to perform actions in order to achieve objectives is understood by the capability. (2) The establishment, development and maintenance of a capability envisage a complex of measures and actions in a broad perspective, comprising elements of: doctrine, organization, preparation, equipment, command, infrastructure, personnel and Interoperability. + Chapter III Defence assessment + Article 14 (1) Major programme directors shall draw up reports for the assessment of the stage of major programmes and annual plans. (2) Annually, during the second quarter, the Ministry of National Defence presents to the CSAT a briefing on the state of fulfilment of the objectives and priorities of the Ministry of National Defence, established by the Defence Planning Directive, at Precedent. + Article 15 (1) The conclusions resulting from the analysis and evaluation of the defense planning at NATO level, for Romania, within the NATO defense planning process provided for in art. 3 3 para. ((1) lit. a), will be the subject of a CSAT briefing, within a maximum of 3 months after their completion. (2) The conclusions and proposals resulting from the analyses in the CSAT constitute elements for the adjustment of the defence planning documents and the efficiency of the defence planning. + Chapter IV Final provisions + Article 16 The concrete modalities regarding the elaboration, coordination and execution of the provisions of the defence planning documents of the Ministry of National Defence shall be governed by the order of + Article 17 The conductions of the other components of the armed forces, as defined in Romanian National Defence Law no. 45/1994 , as amended, other than the Army, issue own departmental-level planning documents, on the basis of which the specialized structures plan their own capabilities and allocate the necessary resources. + Article 18 The violation or failure to comply with the provisions of this law by persons with attributions in the organization and realization of defense planning attracts, as the case may be, administrative, civil or criminal liability, + Article 19 The date of entry into force of this Law shall be repealed Law no. 473/2004 on defence planning, published in the Official Gazette of Romania, Part I, no. 1.052 1.052 of 12 November 2004. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
p. SENATE PRESIDENT,
CRISTIAN-SORIN DUMITRESCU Bucharest, July 16, 2015. No. 203. ----